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The Unbearable Wrongness Of Koushal vs Naz Foundation -Gautam Bhatia

-Outlook Today's Supreme Court judgment that reverses the Delhi High Court judgment of 2009 is both constitutionally preposterous and morally egregious "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations... Where society can display inclusiveness...

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CBI can’t act as a police force, Gauhati high court rules -Dhananjay Mahapatra

-The Times of India NEW DELHI: In a startling decision which has ramifications for sensitive cases, the Gauhati high court has ruled that the Central Bureau of Investigation (CBI) was legally not a police force and stripped it of its powers to investigate crimes, arrest suspects and file charge-sheets. The ministry of home affairs (MHA) had, by a resolution dated April 1, 1963, constituted the CBI as a police force under the...

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Measure for unconstitutional measure-K Parasaran

-The Hindu The ordinance seeking to amend the Representation of the People Act interferes with the exercise of judicial power Bill LXII of 2013, namely, The Representation of the People (Second Amendment and Validation) Bill, 2013 is pending before Parliament. I examine here whether the Bill, when passed as an Act or its provisions promulgated as an Ordinance, will be unconstitutional or not. Declared principle The constitutional principle applicable in a situation analogous to...

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Muzaffarnagar 2013 – Violence by Political Design: Centre for Policy Analysis

-Kafila.org This fact-finding exercise was coordinated by the CENTRE FOR POLICY ANALYSIS. Team members were the human rights activist and former civil servant Harsh Mander; former Director-General of the Border Security Force, E N Rammohan; Professor Kamal Mitra Chenoy of Jawaharlal Nehru University; National Integration Council member John Dayal; senior journalist Sukumar Muralidharan and CPA Director and senior editor Seema Mustafa. Introduction and Overview The first impression of the Muzaffarnagar countryside, now green...

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Poverty a mitigating ground to convert death to life sentence: SC -Dhananjay Mahapatra

-The Times of India NEW DELHI: More than three decades after carving out 'rarest of rare' category of cases warranting award of death penalty, the Supreme Court found a new mitigating factor - poverty -- to commute a convict's death penalty to life imprisonment. "Poverty, socio-economic, psychic compulsions, undeserved adversities in life are thus some of the mitigating factors, in addition to those indicated in Bachan Singh and Machi Singh cases," said...

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